Over at configserver.com they say about gotroot when talking about mod sec and ASL.... "Care should be exercised with these rulesets as they can increase server resource usage by Apache child processes significantly". (www.configserver
So I think that puts some additional light on the subject.
The server is a quad core, 8gb ram server with 15k rpm drives in them so its not a tiny little server but is being overcome with nobody processes obviously brought on by ASL as these issues have only come about since installing ASL.
I am not sure what to do from here but I guess I will have to monitor the server fro the next few days and see how it goes.
I guess if it continues to be an issue, I will need to upgrade the server to hex core OR lose ASL.