Firewall alert for windows operating system

Even though ‘Monitor other NDIS protocols than TCP/IP’ is Un-checked and never was, I keep getting a firewall alert for Windows Operation System when I start a nmap scan against one of my pcs. This happenes on my Windows 7 64-bit laptop using latest CIS with firewall set to custom policy mode and high alert settings. I even checked the setting, restarted, un-checked, and reboot again and alerts still popup.

However on my Windows XP SP3 32-bit machine with same CIS version and settings, I do not get an alert unless I have enabled ‘Monitor other NDIS protocols than TCP/IP’

Can anyone else confim this using nmap or other program that uses the WinPcap library to create and send low-level packets?