first, thanks for the help.
let me clarify some ...
the distance from the edge of the larger top factory hole to the forward bolt hole is large enough so when the clip hooks around the top hole edge the threaded clip hole cannot reach and line-up with the bolt hole
\ ______ \ <---- TOP HOLE
\ __ \
\ \ \ \ <---- THREADED CLIP HOLE
\ \__\ \
\______\ <---- BOLT HOLE IS FURTHER DOWN OUT OF REACH