I gave Adventure Moto Stuff a call and spoke with them about the clearance issue. They said that it is fairly common, and that when you put the bike in gear; the chain will tighten up and it will not be an issue. They actually went and double checked on their strom to confirm theirs to was hitting the chain. I think I may do what Rich did and keep it for now.
I've got 10k on the setup now, no problems. FWIW
'07 DL650, '01 DR-Z400S, '99 SV650 (race bike), '80 GS1000S, '85 RZ350, '08 Ducati 848