compile the kernel WITHOUT alsa, remove alsa from your comptuter, when compiling choose OSS intel_810 driver as a module, compile in all ACPI options(can't hurt, and its nessesary), compile the kernel, when the computer start up modprobe intel_810 driver i believe(as root), try finding the intel*.ko find in /lib/modules/`uname -r`/ and thats the name.
And thats how i solved my problem
PS. to get sound when your computer starts up add "/sbin/modprobe intel810drivername" to /rc.local in the /etc/rc.d directory somewhere
"/usr/sbin/lsof /dev/dsp" if the soundcard is blocked
I ALSO add a wrapper to xmms to stop KDE sound
1)rename /usr/local/bin/xmms to xmms.real
2)create a a+x script called xmms in the same place which should say
killall artsd #this constanly blocks the sound card, its just annoying