Respondent is in violation of Sections 301 and 402(p)(4)(A) of the Act, 33 U.S.C. 1311(a) and 33 U.S.C. 1342(p)(4)(A), respectively, for its failure to apply for a NPDES permit and discharges of pollutants into the Atlantic Ocean through storm water runoff associated with construction activities without a NPDES storm water permit.