On February 14, 2022, the NRC issued a Notice of Violation and Exercise of Enforcement Discretion to Geotechnical and Materials Engineers, Inc. (Licensee) for a Severity Level III problem associated with two related violations. The violations involved licensee’s failure to: (1) confine the possession of the regulated byproduct material to the locations authorized by its NRC license as required by Title 10 of the Code of Federal Regulations (10 CFR) 30.34(c); and (2) secure a portable gauge from unauthorized removal with a minimum of two independent physical controls that form tangible barriers when the portable gauge is not under the control and constant surveillance of the licensee, in accordance with 10 CFR 30.34(i). Specifically, between January 15, 2021, and August 16, 2021 a portable moisture density gauge was stored at a location not authorized by the licensee’s NRC license and stored in a storage unit that was secured with only one tangible barrier. Finally, as part of its corrective actions, the licensee transferred the gauge to another authorized recipient and the NRC exercised discretion not to propose a civil penalty in accordance with Section 3.5 of the Enforcement Policy.