I would agree with you. I had my tank installed by "professionals", and they used existing holes. If I had to do it over again I will drill new holes and make sure it has clearance. Very dangerous, and I am glad i caught it. I also had rubbing on the tail pipe during hard washboard. It had 1.5" of clearance at rest but I noticed the paint missing on another area of the tank and figured out it was the vibration.