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by the fact that the CSCMRA grants to DMG the power to carry out <br /> and administer the provisions of the act . MCR completely misses <br /> CDH' s point . <br /> While DMG has broad powers and authorities under the <br /> CSCMRA, it lacks the power to hold an adjudicatory hearing. The <br /> power and authority to hold such hearings is reserved by the <br /> CSCMRA to the Mined Land Reclamation Board. See § 34-33-134 , <br /> C.R. S. ( 1984 ) . As such, DMG' s decision is akin to that of a <br /> prosecutor ' s, not to that of a court ' s . This does not mean that <br /> the DMG does not have the power to enter into binding agreements . <br /> Nor does CDH dispute that, once entered into, the matters ad- <br /> dressed in the agreement between DMG and MCR became binding on <br /> DMG and MCR. CDH asserts that DMG' s decisions are not the deci- <br /> sions of an adjudicatory tribunal. A number of consequences flow <br /> from this fact . <br /> First , as with any other settlement between parties, the <br /> settlement agreement resolves only matters that were ad- <br /> dressed in the settlement agreement . **2 The settlement agreement <br /> 2** This principle was recently reaffirmed by the Tenth Circuit <br /> Court in Sinclair Oil Corp. V. Scherer, F. 3d , 62 USLW <br /> 2295 ( loth Cir . 1993) . In Sinclair , the EPA and Sinclair Oil <br /> Corp. had entered into a consent decree settling the clean-up of <br /> one of Sinclair ' s refineries. EPA subsequently took enforcement <br /> action against Sinclair for improper shipping of hazardous wastes <br /> from the refinery. Upon Sinclair ' s petition, the district court <br /> dismissed EPA' s action, finding that EPA knew of the shipping <br /> violations at the time it entered the consent decree. The Tenth <br /> -7- <br />